LAND REFORM PROJECT ANNUAL REPORT FEBRUARY 2010 – JANUARY 2011 5 February 2011 This publication was produced for review by the United States Agency for International Development. It was prepared by Chemonics International, Inc. with contributions from International Land Systems (ILS), Inc. LAND REFORM PROJECT ANNUAL REPORT FEBRUARY 2010 – JANUARY 2011 Submitted by: Chemonics International 1717 H Street, NW Washington, D.C. 20006 Telephone: 1 (202) 955-3300 Fax: 1 (202) 955-3400 TASK ORDER: EPP-I-06-06-00013-00 A Task Order Under IQC No. EPP-I-00-06-00013-00 Chemonics International, Prime Contractor International Land Systems (ILS), Inc., Subcontractor 5 February 2011 This publication is made possible by the support of the American people through the United States Agency for International Development (USAID). The author’s views expressed in this publication do not necessarily reflect the views of USAID or the United States Government. Cover Photo: Tashabbuskor Vahobov Abdulhamid (far right) discusses land use issues with farmers in Pakhaobod Jamoat in Vose district following a focus group session to identify topics for future trainings. HIGHLIGHTS OF THE FIRST PROJECT YEAR • Led the Working Group on Structural and Land Reform’s preparation of a comprehensive set of proposed amendments to the Land Code that will create the framework for a market in land use rights; • Advocated for amendments to the Law on Mortgage to introduce “truth in lending” provisions in line with international best practices; • Prepared a legislative agenda for the Government of Tajikistan’s (GoT) Agricultural Reform Program that included a specific legislative road map for legislative development in 2011; • Carried out four public-private dialogues to introduce public participation in land policy development and legislative drafting; • USAID legal aid centers (LACs) successfully defended their clients in 17 out of 17 court cases with an additional seven cases pending; • Provided more than 4,000 legal consultations in LAC offices and over 2,600 consultations directly in farmers’ fields on land-related legal issues; • Conducted 300 local trainings in farmers’ fields on demand-driven topics with more than 5,000 participants; • Developed and published the following informational brochures: Commentary on the Law on Dehkan Farms, Land Use Contracts for Dehkan Farms, the Reorganization and Creation of Dehkan Farms, and Legislation on Land Relations; and • Informed farmers and the general public about land rights issues though nine editions of the project newspaper, 21 television programs, and 22 radio programs. LEGISLATIVE DRAFTING AND LAND POLICY ACTIVITIES FEBRUARY 2010 – JANUARY 2011 Activity 1.1.1. Legal Drafting Central to land reform in Tajikistan is the establishment of a legislative and regulatory framework, which will encourage the growth of a private market in land use rights. The fundamental law, upon which all other land reform legislation and regulations are based, is the Land Code. Amendments are critical to eliminate the vagueness and ambiguities of the present Land Code. The Working Group on Structural and Land Reform (WG) prepared draft amendments to the Land Code prior to the commencement of the project, but the donor community sought to conduct a risk assessment before submitting the proposed amendments to the Government of Tajikistan (GoT). As the project got underway, the Food and Agriculture Organization of the United Nations (UNFAO) drafted a scope of work for an international consultant to conduct a formal risk assessment. The project was the principle facilitator for the consultant, helped the specialist to frame the issues and dispel legal misconceptions, and also assisted with logistics to allow the consultant to complete the risk assessment by the end of June 2010. Thereafter, the project worked with the donors and the GoT to arrive at a consensus concerning the issues that the amendments should address, and then assisted the WG in ANNUAL REPORT 1 completing a new draft of proposed amendments. In accomplishing this, project specialists met with Deputy Prime Minister Alimardon on several occasions to report on the outstanding issues. The project presented a complete draft of the amendments to Deputy Prime Minister Alimardon in November 2010, and he directed the Chair of the WG to present the proposed amendments to the GoT early in 2011. The draft of the proposed amendments currently resides with the President’s Administration, which will soon submit the draft to the relevant committees, agencies and institutions of the GoT for review and comment in preparation for formal submission to the Parliament. Activity 1.1.2. Working Group Secretariat Throughout the year the project served as the driving force behind the activities of the WG and has kept the WG focused on the essential legal principles required to create the framework for a market in land use rights. The COP and Senior Lawyer identified key issues for the WG to address and prepared numerous technical memoranda to support the proposals of both GoT and donor members of the WG. The project’s leadership of the WG ensured that proposed amendments to the Land Code embodied key market principles and were completed by the end of the year. In addition, the WG with support from the project assisted the World Bank team in developing a draft regulation regarding the withdrawal of farmers from dehkan (private) farms. Both the COP and the Senior Lawyer for the project made substantive comments on drafts, which the World Bank incorporated into the final draft during the summer of 2010. The project engaged in discussions with the Working Group on New Financial Mechanisms concerning the need for amendments to the Law on Mortgage. The COP delivered a presentation to that working group in October 2010 that demonstrated the need for amendments to provide greater protections for debtors, including “truth in lending” provisions, in order for the fair and equitable mortgaging of land use rights. Finally, the project engaged two Ukrainian specialists to conduct a WG retreat on market valuation of land use rights, which was attended by the Chair of the WG, a member from the World Bank Cadastre Project, a member of the National Bank, and the project Senior Lawyer, among others. The specialists also held individual meetings with local counterparts from the Land Committee, the World Bank, and a private real estate company. They reviewed the Tajik legislation and concluded that as presently constituted the legislative framework can support market land use rights appraisal. Activity 1.1.3. National Strategies The COP has served as a prominent expert at several important retreats, workshops, and conferences aimed at producing a long-term agricultural reform policy. The COP presented land tenure issues on behalf of the donor community to Ministry of Agriculture officials at its National Conference in June 2010. Deputy Prime Minister Alimardon chaired and top members of the GoT and members of the Donor Coordination Council (DCC) participated in this conference. Based on the conference proceedings, the Minister of Agriculture developed and presented an Agricultural Reform Program, which identified strategic directions and methods for increasing living standards of the rural population and improving food security in the country to 2015. Following the release of the Minister’s strategy, the project prepared a general legislative agenda for the GoT’s strategy and a specific legislative agenda for the Ministry of Agriculture to pursue commencing in 2011. The COP and the Senior Lawyer made several presentations on fundamental legislation for the formation of land markets to Deputy Prime Minister Alimardon during his regular meetings with the members of the DCC. In addition, the project engaged in frequent 2 ANNUAL REPORT consultations with specialists from the donor community representing the European Bank for Reconstruction and Development’s (EBRD) Tajikistan Agricultural Financing Facility (TAFF) Project, UNFAO, the Organization for Security and Cooperation in Europe (OSCE), the European Commission (EC) and others to systematize the legislative program for land reform consistent with GoT Resolution No. 406. To implement the reforms, UNFAO, which serves as the agricultural policy coordinator for Deputy Prime Minister Alimardon, requested that the project prepare a “road map” for legislative development in 2011. The project COP, Senior Lawyer, and the Policy Coordinator created a draft road map and submitted it to UNFAO for review in mid-January 2011. The nucleus of the document suggests amendments to the Land Code, the Law on Mortgage, and a draft Law on Service Cooperatives. These project specialists share the opinion that the existing Law on the State Registration of Immovable Property and Rights to It is sufficient for title registration purposes, but requires a detailed plan and schedule for implementation. The road map also provides the context and background for the legislative program, describes the benefits and deficiencies of each piece of legislation, proposes issues to address, and sets a timeline for further work. The project also participated in a Department for International Development (DfID) program along with the Ministry of Agriculture and TAFF to develop a system for monitoring the social consequences of agricultural reform. The COP gave a presentation outlining the social benefits and risks of land reform, and presented a draft document to the participants for review and comment, at a retreat